Legal Opinion

In re the Probate of the Last Will & Testament & Codicil of Coffin

New York Surrogate's Court

Decided June 15, 1913Published

Proceeding upon the probate of a will.

1Opinion of the Court

Ketcham, S.

It cannot be questioned that the will and codicil here propounded were duly executed, nor is it doubtful that the testator was possessed of testamentary capacity; but it is urged that the instruments were induced by the undue influence of the sole beneficiary named in the will.

The testator, for the last ten years of his life, separated himself from his wife and children without any excuse. For a period precisely corresponding with this estrangement from his family, he maintained with the beneficiary an intimacy which must be found, in the euphemism of the law, to have been…

2Cases cited6 opinions

  1. Howland v. . TaylorNew York Court of Appeals · 1873
  2. Reynolds v. RootNew York Supreme Court · 1862
  3. In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
  4. Sutton v. . RayNew York Court of Appeals · 1878
  5. In re Proving the Last Will & Testament & Alleged Codicil Thereto of Van HoutenAppellate Division of the Supreme Court of the State of New York · 1896

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API